A 20-year-old woman has been awarded Sh100,000 by the High Court in Eldoret after she was forced to undergo a pregnancy test four years ago.
The woman who was then a teenager and a student at Kapleting Mixed Secondary School, was forced to undergo the test by teachers at the school.
While pleading her case before Justice Hellen Omondi, she said that she felt her fundamental rights had been abused.
She told the court that on July 6, 2015, she and other students were forced to go to a latrine and provide school authorities with a urine sample under the supervision of the school bursar.
Tested positive
The samples were then taken to a local dispensary where she tested positive. She was then allowed to continue with her studies until August 10, 2015 when she forcefully removed from class by the Deputy Principal.
The deputy principal according to her testimony, was acting on instructions from Patrick Wanyonyi, the school Principal.
Mr Wanyonyi is the respondent in the case. She then reported the matter to Kipkwen Sub-county Education offices who said they will intervene to ensure the school takes her back.
But despite that assurance, she was forced to undergo another test by the school before returning to class where her pregnancy was confirmed.
Locked out
She was then locked out of school for three years until July 29, 2018. Justice Omondi ruled, that it was evident the girl underwent the test involuntarily.
Omondi agreed with her that her right to free and compulsory education was violated after she was suspended from school because she was pregnant.
“Under the circumstances, I find that the respondent must bear the burden of compensation for the violation of the woman’s rights. In doing the best I can, I award her the sum of Sh100,000,” Omondi ruled.
